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Complex RFEs are a perennial issue facing H-1B applicants.  With the New Year right around the corner, it’s time for H-1B beneficiaries and their sponsors to start to work out the logistics of their cases.  This should include strategies to prevent complex RFEs. These occur when USCIS sees one red flag in a petition which triggers a scrutiny of the case that can snowball into problems across eligibility requirement areas.

At CCI The DegreePeople.com we work with complex RFEs every year, including the Nightmare RFE.  This RFE is an honest nightmare, calling all areas of eligibility into question.  It is virtually impossible to answer in the given timeframe by following its own instructions.  Every year, we get these RFEs overturned with over 90% consistency.

Here’s how:

We read through the RFE, then put it down and go back to the original eligibility requirements while taking USCIS approval trends into consideration. 

We work with our clients to help them collet supporting evidence and documentation regarding specialty occupation, wage level, and the employer-employee relationship.  Employer-employee relationship issues have become prominent H-1B hang-ups for consultants that work on a per-project basis or perform a significant amount of their work at third-party worksites.

In our response, we always include an expert opinion letter that addresses specialty occupation and wage level issues.  We always include a detailed credential evaluation that fills in any gaps between the education the H-1B beneficiary has an a US bachelor’s degree or higher in the exact field of the H-1B job.  This often includes a progressive work experience conversion in which three years of progressive work experience in the field of the H-1B job can be converted into the equivalent of one year of college credit in the major or the H-1B field. 

The best way to beat a Nightmare RFE is to prevent it.  All of our steps to answering this RFE can be taken when filing the initial petition to prevent the Nightmare RFE.  We are here to help in your case development process.  We can help you identify any potential red flags in your petition and strategize to include additional evidence and documentation to fill in any gaps in your case before you file.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

When Meta laid off 13% of its work force this month, many of those 11,000 employees had their H-1B visas rendered invalid.  They now have two months to either find another job under H-1B status, apply for a different visa, or leave the country.  Some were traveling abroad at the time and cannot legally return to their homes in the United States.  Many have children enrolled in the U.S. education system and spouses who also work in the United States. 

The U.S. government has listed Meta as an H-1B dependent company, definitionally one with over 15% of its workforce being H-1B visa holders.  Nearly half of all Meta employees are Asian as of this year.  While Meta has not disclosed the specific number of H-1B visa holders impacted by layoff, hundreds have flocked to a WhatsApp group to help each other navigate this dilemma.  As part of their severance package, Meta offered an immigration support hotline, which has been slow to respond at best and non-responsive at worst.  

H-1B visa holders fired from Meta have a 60-day grace period to either find another H-1B eligible job, acquire a different visa, or return to their country of origin. 

Some laid off Meta employees face unique dangers in returning to their countries of origin after having worked for the social media giant.  For example, Facebook is banned in Russia and considered an extremist company.  Laid off Meta employees of Russian origin are under extreme pressure to find a way to remain in the United States or face untold consequences of their employment.  Many laid off Meta employees now face the stark possibility that they may have to return to dangerous countries.

Based on H-1B lottery numbers, there is still a massive demand for H-1B workers in STEM fields.  500,000 registrations were filed in this year’s H-1B lottery, only 85,000 of which were selected.  Since H-1B transfers are cap-exempt, this could be an auspicious opportunity for both H-1B visa holders and employers.  On the other hand, Meta is not the only major tech company that has implemented layoffs and hiring freezes for a variety of reasons.  LinkedIn and other professional networking platforms are now flooded with Meta employees scrambling to find work.  We will continue to follow the situation as it progresses.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

The opioid crisis in the United States continues to claim lives every day, and a primary culprit of the mortality rate of this crisis is fentanyl.  Fentanyl is a synthetic opioid 100 times more potent than morphine, classified as a Schedule II substance.  While it can be prescribed under close medical supervision to patients with severe pain following surgery and other limited circumstances, cartels have discovered that it is a cheap way to increase the bulk and potency of other illegal drugs regardless of deadly consequences.

According to the United States Drug Enforcement Agency, fentanyl is responsible for a 38.1% increase in overdose deaths involving opioids with nearly 90% of opioid overdose deaths linked to fentanyl in 2021 in the country. 

Two major shifts have occurred recently regarding how this substance is coming into the United States.  Originally, fentanyl was primarily entering the United States via post directly from China where fentanyl was being manufactured in clandestine labs.  The Chinese government cracked down on fentanyl manufacturing, so labs had to make a pivot.  Current, labs in China produce fentanyl precursor chemicals and ship them to Mexico.  From there, cartels manufacture fentanyl and recruit passenger vehicle and truck drivers to smuggle the substance into the United States. This is the first major shift. 

Originally, cartels were primarily moving fentanyl into the United States by adding it to other illicit drugs.  Now, they are manufacturing fentanyl pills and transporting these pills in large quantities across the border. 

Cartels recruit fentanyl mules who will draw the least amount of scrutiny at the least risky points of entry to move drugs across the border into the United States.  According to the DEA, fentanyl is most commonly transported across the US-Mexico border at official points of entry, concealed in compartments of passenger vehicles or interspersed with legitimate goods on tractor trailers driven by US citizens.  In 2021, seizures made at ports of entry accounted for 95% of all fentanyl seizures, with most of the remaining 5% found in cars driven by US citizens.  US Customs and Border Patrol reports that the rate of fentanyl seizure at ports of entry has skyrocketed. For example, in San Diego alone, the rate of fentanyl seizure has risen 323% in the past three years. 

There are two glaring themes:

First, the rate of fentanyl entering the United States has skyrocketed.

Second, fentanyl is primarily moving into the United States through controlled points of entry by US citizens.  In a six-month period, the US Customs and Border Patrol reported 89 seizures involving fentanyl.  Undocumented immigrants were only involved in three of these seizures.

Despite data to the contrary, the myth persists that undocumented immigrants and migrants seeking asylum are responsible for fentanyl overdose in the United States.  There is absolutely no data to support this theory.  A component of this myth is that the fentanyl smuggling spike has occurred due to open borders.  This is simply not true.  Seizures are occurring at strictly controlled points of entry, and the bulk of smugglers are US citizens, not foreign nationals.  Another argument is that border patrol agents are too busy chasing down illegal migrants to catch fentanyl smugglers.  If this were the case, the seizure rate would go down, not up with increased migration.

To effectively combat the opioid crisis and the deadly issue of fentanyl being smuggled into the United States, the solution needs to be data-driven, not fear-driven. 

Sheila Danzig

Sheila is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

A perennial RFE issue for H-1B beneficiaries is mismatched education.  This is an easy trap to fall into, and one that you can fall into in multiple ways, occurring when the beneficiary’s education is anything but a bachelor’s degree or higher from a US accredited academic institution with a major that is an exact match for the H-1B job.  That means the following situations are red flags:

• US bachelor’s or higher degree in a different major
• Generalized US bachelor’s degree
• Degree earned outside of the United States
• Degree from an unaccredited institution
• Incomplete college
• No college.

Since there are many pathways through education – especially when it comes to highly skilled individuals – H-1B beneficiaries are likely to have deviated from the traditional course at some point.  It is up to your petition team to identify where these deviations are and address them before USCIS does.

Here is how:

Include a credential evaluation with your initial petition that fills in any gaps between the beneficiary’s education and a US degree in the exact major of the H-1B job.  This must be written to uniquely address the beneficiary’s education, training and work experience, as well as the job, H-1B eligibility requirements, and USCIS approval trends.  If a credential evaluation agencies does not ask about or mention all of these factors, look elsewhere.  If they are not responsive via your chosen method of communication, look elsewhere.  If they charge exorbitant fees and don’t offer affordable rush delivery options, look elsewhere.  These factors make it clear that they do not understand your situation.

Three years of progressive work experience in the field of the H-1B job can be converted into one year of college credit in that major.  This conversion must be written by a professor authorized to grant college credit for work experience.  With this strategy, alongside course credit, course content, and non-collegiate training and education, the right credential evaluation can show the beneficiary has the equivalency of the required degree in terms of US academic value.

At CCI TheDegreePeople.com we work with professors authorized to grant college credit for work experience.  We write every evaluation uniquely to fit the situation, we are dedicated to seamless communication, and are always affordable even at the last minute.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

One glaring problem in an H-1B petition can quickly escalate into a complex, timely, and costly ordeal.  The Triple Threat RFE can be triggered when USCIS sees one red flag which leads to your petition being scrutinized until every little thing becomes an issue – or in this case wage level, specialty occupation and education. 

Answering a simple RFE is complicated enough given changing USCIS approval trends.  Having to rework three different areas of eligibility in one go can be daunting.  The trick is to rebuild your case from the ground up by going back to the basics.

First, tackle education.  Include a credential evaluation uniquely written for the job, the visa, and the beneficiary’s unique education and work experience.  When choosing the right credential evaluation agency, make sure they are easy to communicate with, and that they ask about all of the factors listed above.  If the job, the visa, the education, AND the work experience are not all taken into account, the evaluation will not properly fill in the gaps between the education the beneficiary has and the educational equivalency that USCIS needs to see to approve the visa.

Second, address specialty occupation and wage level with one expert opinion letter.  This expert must have extensive experience working in the field of the H-1B visa and preferably have held leadership roles in which they made hiring decisions regarding the beneficiary’s occupation and supporting positions.  Provide the expert with the specific duties of the job, the ad for the job showing the advanced degree requirement, and provide a breakdown of the factors that went into setting the wage level including previous employee work experience, prevailing wage data for the field and geographic location, etc.  One expert opinion letter can cover both issues.

At CCI TheDegreePeople.com, every credential evaluation is written to uniquely address the situation.  Every educational pathway is different so there are no cookie cutter solutions to proving academic equivalency.  We work with experts in all H-1B fields to provide expert opinion letters that USCIS will accept, and we offer affordable rush delivery options around the clock.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

Earlier this year, USCIS announced that steps would be taken to increase visa processing efficiency, reduce wait times for petitioners, and generally reduce the overburdened legal immigration system.  As part of this plan, USCIS has committed to expanding eligibility for premium processing over the course of 2022 to include the following petitions:

• Additional Form I-140 petitions
• Form I-539 Application to Extend/Change Nonimmigrant Status
• Form I-765 Application for Employment Authorization.

Just earlier this month, USCIS initiated Phase III of the Premium Processing expansion plan, effective immediately.  This phase expanded premium processing eligibility to more Form I-140 petitioners whose petitions are currently pending:

• EB-1(c) Multinational Executive Manager Category – filed ON OR BEFORE January 1, 2022
• EB-2 National Interest Waiver – filed ON OR BEFORE February 2, 2022.

USCIS plans to continue expansion, eventually making all petitions under these two categories eligible for premium processing.  That means if you, or if your client or employee qualifies for one of these categories go for it!  If all goes according to plan, incrementally efficiency increases will ultimately reduce processing times for other I-140 petitions.

Processing times for EB-2 categories can still be years shorter than EB-3 categories, regardless of premium processing eligibility.  If you or if your employee or client may qualify for EB-2 rather than EB-3, we urge you to explore your options for eligibility in the EB-2 category.  At CCI TheDegreePeople.com we work with borderline cases every year.  We can spot EB-2 eligibility, and we can help you meet this category’s educational requirements. 

For a free review of your case, visit www.ccifree.com.  We will respond in four hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

The EB-2 and EB-3, two employment-based visas, are the most sought-after visas.  This year, there were extra employment-based visas rolled over from unused family-based visas from the COVID-19 Pandemic due to worldwide embassy closures.

EB-2 visas carry an advanced degree requirement, meaning the beneficiary must hold a US master’s degree or higher or its equivalent.  However, for beneficiaries with only a bachelor’s degree, there is still an option to meet eligibility requirements.  Since EB-2 visas carry significantly shorter processing times, if the option to pursue this visa is viable, beneficiaries and their sponsors should opt for it.  Here’s how:

USCIS considers five years of progressive work experience FOLLOWING the attainment of a bachelor’s degree to be the equivalent of a master’s degree.  That means if the beneficiary earned a US bachelor’s degree or its equivalent, and THEN endeavored five years of work experience in which they took on more responsibility and the nature of their work became increasingly complex and specialized, they would meet EB-2 education qualifications. 

If this is your situation, or your employee or client’s situation, go for EB-2!  However, there are still some pesky details along the way to be aware of:

• The five years of progressive work experience following attainment of a bachelor’s degree must have been completed BEFORE the sponsor files the LCA, and in most cases none of the post-degree work experience can have been performed for the sponsoring employer.
• If the bachelor’s degree was earned outside of the United States, a credential evaluation will be required to show the US academic value of the degree.  Since the bachelor’s degree must be a single source to meet EB-2 standards, progressive work experience CANNOT be combined with a three-year bachelor’s degree to meet this equivalency.  If this is the case, twelve years of progressive work experience can be converted into a full bachelor’s degree with an evaluation written by a professor authorized to grant college credit for work experience.  This equivalency must be FOLLOWED BY an additional five years of progressive work experience. 
• The offered position must require a master’s degree or higher to meet EB-2 qualifications.
• The listing for the position must clearly state that a master’s degree or higher OR a bachelor’s degree followed by five years of progressive work experience in the field is the minimum educational qualification for the job. 

For EB-2, the advanced degree option is one of three ways to qualify.  The second way to qualify is through Exceptional Ability by meeting three of seven criteria as specified by USCIS, and the third is through a National Interest Waiver. 

If you, or if your employee or client qualifies for an EB-2 visa, let us review your case before you file to make sure the education is in order.  At CCI TheDegreePeople.com we work with professors authorized to grant college credit for work experience, and all of our evaluations are written uniquely to fit the education, the employment, the visa requirements, and the work experience. 

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

In total, around 484,000 H-1B electronic registrations were submitted and 127,600 were selected in the lottery in March of 2022.  Those selected were invited to submit complete H-1B petitions.  USCIS selects a buffer number of extra registrations to account for those who opt to not submit petitions and those whose applications are denied.  Last year, there were three rounds of H-1B lotteries to solicit enough completed petitions to reach the annual H-1B cap.  This lead many to anticipate a second lottery this year.

On August 23, 2022, USCIS officially announced that there will be no second lottery for FY2023 H-1B cap-subject visas.  All 65,000 regular and 20,000 advanced degree visas have been awarded, and applicants not selected will have to wait until next year.

However, non-cap subject H-1B petitions are still being received and approved.  If you, or if your employee or client is in one of these situations that apply to both cap-subject and cap-exempt initial petitions, you don’t have to worry about a lottery:

• H-1B transfers wherein the beneficiary changes employers
• H-1B extensions wherein the beneficiary extends their visa beyond the three-year period or based on a Green Card situation
• H-1B amendments regarding employment terms or duties changes
• H-1B concurrent employment.

Beneficiaries with advanced degrees working in specialty occupations for the following employer entities are also cap-exempt:

• Institutions of higher education
• Nonprofit research organizations
• Government research organizations
• Nonprofit entities affiliated with or related to an institution of higher education.

If you, or if your employee or client is not subject the H-1B cap, you will still need to prove that all H-1B eligibility requirements are met to ensure you don’t run into any approval issues that impact the employee start date, or the beneficiary’s ability to remain in and work in the United States. 

Let us review your case for free before you file.  Visit www.ccifree.com and we will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

One of the main H-1B eligibility requirements is that beneficiaries hold a bachelor’s degree or higher or its equivalent in the field of the H-1B job.  However, highly skilled individuals often have non-traditional educational pathways and many qualified hires do not have any college credit at all.

Does this mean no chance at a visa?  Of course not!  But it will take extra steps and a good deal of USCIS handholding to make your case.

USCIS accepts that three years of progressive work experience in the field of the H-1B job is equivalent to one year of college credit in the associated major.  Progressive work experience means that education took place on the job as evidenced by the nature of the work becoming increasingly complex and specialized, with the employee taking on progressively more responsibility.  A professor authorized to grant college credit for work experience can write this work experience conversion.  To account for all four years of a bachelor’s degree, the beneficiary must have twelve years of progressive work experience to meet this academic equivalency.

If this is your situation, or your employee or client’s situation, you will need to include a credential evaluation that includes this work experience conversion with your initial petition.  This will clearly show USCIS that the beneficiary has the educational equivalent of a bachelor’s degree in the field of the H-1B job in terms of US academic value.

At CCI TheDegreePeople.com, each credential evaluation is written uniquely to fit the job, the education, the work experience, and the visa of each client.  We work with professors authorized to grant college credit for progressive work experience to write the credential evaluation you need for visa approval.

Let us review your case for free.  Visit www.ccifree.com and we will respond in four hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

While RFE rates have declined from recent highs, H-1B applicants are still running into trouble with regards to specialty occupation, wage level, and employer-employee relationship.  That is because these three eligibility requirements are still under attack with proposed rule changes to restrict them.  In the past, USCIS has been caught and convicted of illegally rejecting petitions that meet these current eligibility requirements.  While these lawsuits have deterred extreme instances of illegal adjudication, these areas continue to be precarious terrain for applicants.

The best way to respond to the Triple RFE is to tackle wage level and specialty occupation together, and then address employer-employee relationship issues.

First, gather documentation regarding the specialty occupation showing that the employer has a history of hiring only employees to the position in question with a bachelor’s degree or higher in the field.  Include the ad for the job showing the minimum bachelor’s degree requirement, as well as ads for the same position in parallel companies within the field that show this minimum educational requirements.  Then, include a detailed breakdown of the duties and responsibilities of the job highlighting the required skills and knowledge learned through completion of bachelor’s degree curriculum in the field.  Include a detailed breakdown of the factors that went into setting the wage level appropriately, including starting salaries for the same position in parallel companies in your geographical area.  Then, obtain an expert opinion letter written by an expert with extensive experience working in the field of the H-1B job to lend weight to your case based on this additional evidence and documentation.  This letter should address both eligibility issues.

Second, address the employer-employee relationship issue.  Jobs that require the H-1B employee to perform work by client contract such as consultants, or that require them to work at third-party worksites are vulnerable to employer-employee relationship issues.  The goal here is to show that the employer will be able to control the work of the H-1B employee throughout the duration of the H-1B visa period, even at third-party worksites.  Include a complete itinerary of the work the H-1B employee will perform for the entire three-year H-1B visa period, including client/customer contact information.  Then, clearly explain how the employer will be able to control the work of the H-1B employee offsite.

Since they emerged, CCI TheDegreePeople.com has been getting Triple RFEs overturned.  We work with experts in every H-1B field with the right experience who can write opinion letters to address both specialty occupation and wage level issues in one letter.  We know what additional documentation USCIS is looking for to answer the questions they have regarding eligibility.  Let us help you answer the Triple RFE or any other complex RFE you may be facing.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.